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2025 Supreme(Online)(NGT) 1265
NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Justice Prakash Shrivastava, CJ, Dr. A. Senthil Vel, EM
Mahendra Singh – Appellant
Versus
State of Haryana & Ors. – Respondent
Original Application No. 667/2018 | Original Application No. 679/2018 | Original Application No. 599/2019 | Original Application No. 1385/2024
For the Appellants/Petitioners: Mr. Devesh Kumar Agnihotri
For the Respondents: Mr. Rahul Khurana, Mr. Vijay Chaudhary, Mr. Anju, Mr. Tarun Gupta, Mr. Hirday Virdi, Mr. Aman Bhalla, Mr. Saurabh Rajpal, Mr. Kapil Sagar, Mr. Somvir Singh Deswal, Mr. Abhishek Deswal, Ms. Pallavi Singh, Mr. Anuj Bhandari
The court established that the right to clean air supersedes industrial rights, necessitating compliance with environmental norms based on regional carrying capacity, while imposing significant compensation for polluters.
Headnote:(A) Air (Prevention and Control of Pollution) Act, 1981 - Water (Prevention and Control of Pollution) Act, 1974 - Violation of environmental norms by stone crushers in Mahendragarh District, Haryana resulting in air pollution - Allegations include non-compliance with siting criteria and health impacts on residents. (Paras 1-12, 9-10)
(B) Environmental Compensation - Tribunal directs closure and imposition of Rs. 20 Lakhs compensation against violators to deter future violations, emphasizing 'Polluter Pays' principle. (Paras 10, 12, 18)
(C) Right to Clean Air - Court highlights that the right to breathe clean air supersedes industrial rights, signaling the need for adherence to environmental norms and socio-economic welfare. (Paras 9, 10)
(D) Carrying Capacity Principle - Tribunal asserts legality requires environmental norms to be aligned with the area’s carrying capacity, necessitating the assessment of pollution load from stone crushers. (Paras 26-27) (E) Compliance Reporting - Regulatory authorities must monitor and ensure compliance to curb air pollution, with specific recommendations on restoring environmental quality and health impacts. (Paras 28-29)
Facts of the case:
The cases address numerous complaints about the illegal operations of stone crushers causing air pollution and health issues in Mahendragarh District, prompting the formation of joint committees for inspection and compliance reporting. (Paras 1-5, 10)
Findings of Court:
Court finds blatant violations of air pollution norms and orders the immediate closure of non-compliant units while imposing significant fines on polluters under the 'Polluter Pays' principle. (Para 28)
Issues: The court primarily addresses the health impacts of pollution caused by stone crushers and the necessary regulatory compliance to ensure public safety. (Para 11)
Ratio Decidendi: The court emphasizes that the right to clean air must take precedence over industrial operations, and highlights the necessity for regulatory mechanisms to enforce compliance with environmental standards.
Result: All original applications disposed of with orders on environmental compensation and compliance requirements. (Para 30)
ORDER
1. These original applications relate to violation of environmental norms under the Air (Prevention and Control of Pollution) Act , 1981 and the Water (Prevention and Control of Pollution) Act , 1974 by the stone crushers operating in Mahendragarh District in Haryana. There is an allegation that the air quality in the area does not have the assimilative capacity to sustain them resulting in serious environmental harm and ill effect on public health.
2. In OA No. 667/2018, the allegation of the Applicant is as against the setting up of a stone crusher unit in Village Karota, Tehsil Narnaul, District Mahendragarh, Haryana by Respondents No. 9 and 10 in violation of the siting criteria in the range of Aravali hills and its plantation. The Applicant has also alleged violation of environmental norms by Respondents No. 9 and 10. The Applicant has inter-alia prayed for imposition of the environmental compensation against the Respondents No. 9 and 10 for causing air pollution by emitting dust in the air and setting up the stone crusher in violation of the norms.
3. In OA No. 679/2018, the grievance of the Applicant is as against the alleged illegal setting up of stone crusher by Respondent No. 9 in Village Khatoli Jat, Nangal Choudhary, District Mahendragarh in violation of the siting criteria. The Applicant had alleged that the distance of Respondent No. 9, stone crusher from the Aravali Plantation Kila No. 8 is approximately 85 meters as against the required 100 meters as per the siting criteria. The Applicant had also alleged the violation of the environmental norms by Respondent No. 9. The Applicant had inter-alia prayed for imposition of the environmental compensation against the Respondent No. 9 for causing air pollution by emitting dust in the air and setting up the stone crusher in violation of the norms.
4. In OA No. 599/2019, the allegation of the Applicant was in respect of setting up of the mineral grinding industry by the Respondent No. 5 and running of several such industries near Village Bayal, District Mahendragarh in violation of the norms and causing air and dust pollution. The Applicant had inter-alia prayed for imposition of the environmental compensation against the Respondent No. 5 for causing air pollution by emitting dust in the air and setting up the stone crusher in violation of the norms.
5. OA No. 1385/2024 was registered suo motu on the basis of the news item titled “living under a dust blanket” appearing in ‘The Hindu’ dated 05.12.2024 disclosing the grim reality of pollution in Mahendragarh, Haryana and alleging unchecked stone crushing operations in the area which had created severe health, environmental and social challenges.
6. In the above four original applications, the Tribunal had issued directions from time to time, had formed joint Committees and examined the reports of the joint Committee.
7. The Tribunal by order dated 20.09.2018 passed in OA No. 667/2018 had formed a joint Committee and had called for its report. The report of the joint Committee was considered by the Tribunal in the proceedings dated 12.12.2018 and certain anomalies were noticed. Hence, by order dated 12.12.2018 the joint Committee was directed to carry out the inspection of the stone crushers in District Mahendragarh as under:
“xxx ………………………………..xxx………………………………….xxx
5. We also direct joint inspection of the stone crushers in the District of Mahendergarh by a Joint Committee of District Magistrate Mahendergarh, representatives of Central Pollution Control Board and HSPCB. The HSPCB will be nodal agency. The inspection will be with reference to the sitting criteria as well as the legality of the source of the water used. All precautions are necessary as the location of the stone crushers is within the sensitive zone of Aravali range, as well as in the vicinity of the residential area and educational institution”
8. The Tribunal in the proceedings dated 24.07.2019 had considered the report of the joint Committee dated 23.07.2019
